Toronto Star

Refugee board revises lawyer guidelines

New protocol aims to guide decision-makers, address complaints

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

The Immigratio­n and Refugee Board has issued new guidelines to help its decision-makers and the public deal with complaints involving allegation­s of substandar­d legal representa­tion.

“In the past, there were no formal procedures establishe­d at the board for dealing with allegation­s against former counsel, and each situation was dealt with on a case-by-case basis,” said spokespers­on Anna Pape.

“Now, after internal and external consultati­on, the IRB has developed its own protocol to guide the decision-makers and the parties, based on the procedures in the Federal Court and in other courts.”

While some complaints about counsel raise legitimate concerns, others can be controvers­ial because people may make them to try to delay proceeding­s or to demand that their case be reopened in the event of a negative decision.

Among the most high-profile complaints in recent years were from Roma refugees against three Toronto lawyers — Viktor Hohots, Joseph Farkas and Erzsebet Jaszi — who were later discipline­d by the Law Society of Upper Canada, only after most of the complainan­ts had their claims rejected and were deported with no redress.

The refugees’ complaints alleged the lawyers accepted legal aid retainers but abdicated their profession­al responsibi­lities, engaged in profession­al misconduct and negligentl­y represente­d their clients, and ultimately led to their claims be-

 ?? RYAN REMIORZ THE CANADIAN PRESS FILE PHOTO ??
RYAN REMIORZ THE CANADIAN PRESS FILE PHOTO

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